R v Robin Anthony Flack; R v Kenneth James Grindrod [2009] NSWDC 94

R v Robin Anthony Flack; R v Kenneth James Grindrod [2009] NSWDC 94

The offenders knowingly made false representations as to the existence and identification of buses to several financial institutions, resulting in the obtaining of significant funds by deception. The conduct was planned, repeated, and involved substantial sums and breach of trust. Sentencing objectives, particularly general deterrence for white-collar crime, require full-time custodial sentences, with special circumstances warranting variance in the statutory ratio for non-parole periods due to offenders' age, good character, and prospects of rehabilitation.

Jurisdiction
Australia
Judgment Date
19 May 2009
Procedural Posture
Criminal / Sentencing After Jury Verdict
Outcome
Conviction and sentence of imprisonment on 5 counts; sentences to be served concurrently; special circumstances found.
Legal Topics
['obtaining Money by Deception' 'vehicle Finance Fraud' 'false Representations' 'sentencing']
['criminal Law'] ['obtaining Money by Deception' 'vehicle Finance Fraud' 'false Representations' 'sentencing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Sentencing After Jury Verdict

Legal Issues

  1. 1 ['Were the representations made by the offenders to the financial institutions false?' 'Did the offenders obtain financial advantage by deception in relation to vehicle finance agreements?' 'What is the appropriate sentence given aggravating and mitigating factors?']

Ratio Decidendi

The offenders knowingly made false representations as to the existence and identification of buses to several financial institutions, resulting in the obtaining of significant funds by deception. The conduct was planned, repeated, and involved substantial sums and breach of trust. Sentencing objectives, particularly general deterrence for white-collar crime, require full-time custodial sentences, with special circumstances warranting variance in the statutory ratio for non-parole periods due to offenders' age, good character, and prospects of rehabilitation.

Court Disposition

Conviction and sentence of imprisonment on 5 counts; sentences to be served concurrently; special circumstances found.

Orders

  • ['Robin Anthony Flack: On each of counts 1 to 5, sentenced to 2 years and 6 months (30 months) imprisonment commencing 19 May 2009 and expiring 18 November 2011, with a non-parole period of 18 months commencing 19 May 2009 and expiring 18 November 2010; sentences to be served concurrently.' 'Kenneth James Grindrod:...